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New Hampshire DUI law information

Drivers arrested in the State of New Hampshire for driving while intoxicated by drugs or alcohol (DWI) will face severe DWI penalties including potential jail time, a driver’s license suspension, potential mandatory ignition interlock installation, and fines.

New Hampshire DWI defined

It is illegal in the State of New Hampshire for a driver to attempt to drive a vehicle upon any way or operate or attempt to operate a motorized vehicle while that person “is under the influence of intoxicating liquor or any controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person\'s ability to drive or any combination of intoxicating liquor and controlled drugs, prescription drugs, over-the-counter drugs, or any other chemical substances, natural or synthetic, which impair a person\'s ability to drive; or while such person has an alcohol concentration of 0.08 or more or in the case of a person under the age of 21, 0.02 or more.” (New Hampshire statute RSA 265-A:2  (2013))

New Hampshire Look Back or wash-out period: 10 years

If a driver’s second or third driving infraction occurs during the look back period the DWI penalties can be substantially increased. The date begins on the date of the first DWI arrest.

Criminal DWI Penalties in New Hampshire

First DWI offense:
(Class B Misdemeanor)

  • Fined at least $500
  • Required to furnish proof of successful completion of an impaired driver intervention program prior to the restoration of the person\'s driver\'s license or privilege to drive
  • Driver’s license revocation for no less than 9 months but may be extended for up to 2 years
  • Potential submission to random urinalysis or such other tests as the court deems appropriate
  • Possible attendance in a drug or alcohol treatment program
  • Possible ignition interlock device installation
  • New Hampshire SR22 insurance requirement

Second DWI offense:
(Within 10 years)

  • Fines of at least $750
  • No less than 10 days in jail
  • License revocation for 3 years
  • Mandatory ignition interlock device installation for 12 months to 2 years upon license reinstatement
  • Alcohol and drug abuse and treatment as determined by the court
  • Completion of M.O.P. (multiple DWI offender intervention dentition program)
  • Random alcohol testing
  • New Hampshire SR22 insurance requirement

Third DWI offense:
(Within 10 years)

  • Fines of at least $750
  • No less than 180 days in jail
  • Indefinite license revocation with a petition to the court after 5 years for reinstatement
  • Mandatory ignition interlock device installation for 12 months to 2 years upon license reinstatement
  • Alcohol and drug abuse and treatment as determined by the court
  • Completion of 28 days in a residential treatment program
  • Random alcohol/drug testing
  • New Hampshire SR22 insurance requirement

Fourth DWI offense
(Class B Felony)

  • Fines of at least $750 plus a 24% penalty assessment
  • No less than 6 months in jail
  • Indefinite license revocation with a petition to the court after 7 years for reinstatement
  • Mandatory ignition interlock device installation for 12 months to 2 years upon license reinstatement
  • Alcohol and drug abuse and treatment as determined by the court
  • Completion of 28 days in a residential treatment program
  • Random alcohol/drug testing
  • New Hampshire SR22 insurance requirement

New Hampshire Implied Consent Law

Drivers in New Hampshire have given their implied consent to submit to a chemical test if they have been arrested for DWI. Failure to consent to the required testing may result in administrative penalties, which are administered by the New Hampshire Department of Public Safety and are imposed regardless of whether the driver is ultimately convicted of DWI.

Drivers who refuse the chemical test will face the following administrative penalties:

  • First refusal- 180 day driver’s license suspension
  • Second refusal- 2 year driver’s license suspension

In addition to these penalties, a refusal is admissible into evidence against the accused in any criminal proceeding. To challenge an administrative suspension, drivers must request an administrative hearing by contacting New Hampshire Department of Public Safety.

(Read more: - state laws )





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